Legal Action Aims to Block Pesticide Bylaw

TORONTO —  The Urban Pest Management Council of Canada (UPMC) announced that an application has been filed with the Ontario Superior Court of Justice asking the court to strike down the City of Toronto's bylaw restricting the use of pesticides by Toronto residents. UPMC is the urban division of CropLife Canada, which represents the manufacturers and distributors of pest control products.

"We do not believe that Toronto Council has the authority under the province's Municipal Act to pass this bylaw," asserted Dr. Lorne Hepworth, president, CropLife Canada. "Legislation governing pest control products already exists at the federal and provincial levels. The city has overstepped its jurisdiction with its new bylaw."

On May 23rd, Toronto City Council passed bylaw 456-2003, which all but eliminates the use of federally registered pesticides by homeowners and city residents. UPMC's position throughout the discussions of the bylaw have consistently stressed that a bylaw would be ineffective, unenforceable and redundant because of the stringent regulations already in place.

"Registered pest control products have already passed the scrutiny of
Health Canada and Ontario's Ministry of the Environment," Hepworth noted. "We have an extensive regulatory system in place which protects the health and safety of residents and the environment, while ensuring that choice is available for lawn and garden care."

The Notice of Application was filed June 23 by CropLife Canada. The application states that the Municipal Act does not allow the City to pass bylaws regulating the use of pesticides. The framework for regulating the safety and use of pest control products already exists under federal and provincial legislation. CropLife's position is that the power to regulate the use of pest control products belongs to the province and has not been given to municipalities under the Municipal Act.

Source: Canada Newswire